Article 169 of the 2019 Labor Code stipulates that male workers who reach 62 years old in 2028 and female workers who reach 60 years old in 2035 will have the right to retire.
However, from 2021, the official retirement age for male workers is 60 years and 3 months, for female workers it is 55 years and 4 months. In addition, each subsequent year, the retirement age will increase by 3 months for men and 4 months for women.
According to the roadmap, in 2024, the retirement age for male workers will be 61 years old, and the retirement age for female workers will be 56 years and 4 months. Workers who meet the conditions on social insurance payment time according to the provisions of the law on social insurance will receive pension when they reach retirement age.
Article 35 of the Labor Code details the right of employees to unilaterally terminate their labor contracts in specific cases. This helps to better understand the rights of employees when they reach retirement age.
Specifically, Clause 2, Article 35 of the 2019 Labor Code stipulates the right of employees to unilaterally terminate labor contracts as follows:
Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:
+ Not being assigned to the correct job or workplace or not being guaranteed working conditions as agreed, except in the cases specified in Article 29 of this Code;
+ Not being paid in full or not being paid on time, except in the cases specified in Clause 4, Article 97 of this Code;
+ Being abused, beaten or verbally or physically abused by the employer, or having actions that affect health, dignity, or honor; being forced to work;
+ Sexual harassment at work;
+ Pregnant female employees must take leave according to the provisions of Clause 1, Article 138 of this Code;
+ Reach retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties;
+ The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.
Thus, for employees who reach retirement age, they will have the right to unilaterally terminate the labor contract without prior notice according to specific provisions of the law. However, it should also be noted that there are some cases in addition to the general provisions, both parties can agree differently on rights and obligations when terminating the contract.
Minh Hoa (t/h)
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